New torture rules could put MI6 spies in the dock

Trevor Phillips: 'No defence or justification for an officer to claim they were merely following orders.'

British secret agents could be left open to criminal prosecution under new legal guidelines on dealing with terror suspects, ministers were warned last night.

The human rights watchdog said the rules on torture could violate both UK and international laws and must be rewritten.

It threatened legal action against the Government unless the guidelines were changed.

The rules were published for the first time in July amid allegations Britain was complicit in the torture of terror suspects.

They ban agents from interrogating individuals held by foreign regimes if they ‘know or believe’ the person will be tortured.

But when there is only a ‘serious risk’ of torture, agents can carry out questioning if ministers give the go-ahead.

The head of the Equality and Human Rights Commission, Trevor Phillips, has written to the heads of MI5 and MI6, telling them that any officer in this situation could be ‘personally liable for aiding and abetting torture’.

He warned it was ‘no defence or justification for an officer to claim they were merely following orders if they find themselves in a situation where they are potentially implicated in torture committed by others’.

He added: ‘Neither will it be relevant whether the agent is actually present when the torture is occurring.’

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But the Government has rejected the claim, saying the guidance was consistent with both UK and international law.

A Cabinet Office spokesman said: ‘We, and in particular our personnel on the ground, work very hard to reduce the risks of detainees being subjected to mistreatment when they are held by other countries.

‘We have established a clear framework for them to operate legally, proportionately and with respect for human rights. The guidance is consistent with domestic and international law.

‘There are no circumstances where we would authorise action in the knowledge or belief that torture would occur.’

Last week it emerged that when he was foreign secretary, David Miliband gave the green light for interrogations of terrorist suspects in countries where there was a risk of abuse.

Katherine O’Shea, a spokesman for legal charity Reprieve, said: ‘It is clearly wrong that government ministers can personally authorise action which exposes prisoners to abuse.’